Probate is the process involving the administration of a deceased’s estate for someone who has registered a DIFC Will. The probate process is carried out by the Executor(s) named in the will.
1. The Executor must first file an application at the Registry for a Grant of Probate and pay the fees.
2. Once the application form and supporting documents have been received, the Registry will appoint a Case Progression Officer to be the Executor’s contact and provide support throughout the entire probate proceedings.
3. The Grant of Probate or Guardianship Order (for a Guardianship Will) is submitted to the Dubai Courts for a ‘conversion” to a Dubai Courts’ judgement which will enable the Executor to liaise directly with Execution Department at Dubai Courts so that the deceased’s assets can be distributed according to the terms of the DIFC Will.
4. To make matters easier the Executor has the option to engage a lawyer to help in administration the estate. The lawyer would then have to apply to the Registry for a Grant of Probate and then proceed to administer the deceased’s estate in their professional capacity.
5. Probate is carried out in accordance with the DIFC Wills and Probate Registry Rules and DIFC Laws. The DIFC Courts deal with any claims, further applications and objections that may arise during the probate proceedings.
6. The DIFC Probate Registry’s contact email is probate@difccourts.ae
Soma Gardi is the founding partner of SG Legal Consultants FZC, a specialised niche firm providing a bespoke service for clients requiring a DIFC Will. Please contact soma@sglegalconsultants.com for any further information.